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(영문) 서울서부지방법원 2018.01.11 2017고단3332
폭행치상
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 30, 2017, the Defendant, around 18:30 on September 30, 2017, followed the Victim C (82) in front of the convenience store around the World Cup stadium in Mapo-gu Seoul, Mapo-gu, Seoul, for the purpose of drinking alcohol to other people.

In the phrase, “the victim was injured by assaulting the victim’s body by cutting the bat and cutting the victim’s bat, etc., with the victim’s bat, thereby making the victim shock the head on the bat of the tree table table that was located therein, thereby causing the victim to suffer bodily injury, such as two open bats, which require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate of injury, and body photographs;

1. Application of Acts and subordinate statutes to the investigation report (a wooden statement);

1. Relevant Article 262 of the Criminal Act, Articles 260 (1) and 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the punishment according to the sentencing guidelines] O assault crime committed by two types of crime (in February to June), the area to be mitigated (including efforts to recover damage), / the decision of sentence is against the defendant's wrong recognition of the crime in this case. The defendant took the words as stated in the judgment of the victim and took the same words as the victim's judgment, which led to the occurrence of the crime in this case during the investigation stage, while the victim took the words as stated in the judgment of the victim, which led the victim to a smooth agreement with the victim, and the victim was punished several times for the crime related to violence, but after the defendant was punished for a fine of 70,000,00 won due to the crime of injury in 2010, it is determined that the defendant was punished under Article 5 of the Criminal Act, the circumstances and the result of the crime in this case's sentencing, and other circumstances prescribed in the sentencing guidelines.

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